INFORMED CONSENT
Texas Administrative Code: Informed Consent This is another component that often leads to ethical complaints and potential violations because consent may involve a single form signed at the beginning of a counseling session. Here are the TAC rules concerning informed consent from Subchapter Rules of Practice B, 681.41 General Ethical Requirements (Tex.reg, 2021): (e) Regardless of setting, a licensee must provide counseling only in the context of a professional relationship. Prior to providing services, a licensee must obtain from an individual a signed informed consent, signed written receipt of information, or in the case of involuntary treatment a copy of the appropriate court order, including the following: (1) fees and arrangements for payment. (2) counseling purposes, goals, and techniques. (3) any restrictions placed on the license by the Council. (4) the limits on confidentiality. ACA Code of Ethics (2014): Informed Consent A.2. Informed Consent in the Counseling Relationship A.2.a. Informed Consent Clients have the freedom to choose whether to enter or remain in a counseling relationship and need adequate information about the counseling process and the counselor. Counselors have an obligation to re-view in writing and verbally with clients the rights and responsibilities of both counselors and clients. Informed consent is an ongoing part of the counseling process, and counselors appropriately document discussions of informed consent throughout the counseling relationship. A.2.b. Types of Information Needed Counselors explicitly explain to clients the nature of all services provided. They inform clients about issues such as, but not limited to, the following: the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services; the counselor’s qualifications, credentials, relevant experience, and approach to counseling; continuation of services upon the incapacitation or death of the counselor; the role of technology; and other pertinent information. Counselors take steps to ensure that clients understand the implications of diagnosis and the intended use of tests and reports. Additionally, counselors inform clients about fees and billing arrangements, including procedures for nonpayment of fees. Clients have the right to confidentiality and to be provided with an explanation of its limits (including how supervisors and/or treatment or interdisciplinary team professionals are involved), to obtain clear information about their records, to participate in the ongoing counseling plans, and to refuse any services or modality changes and to be advised of the consequences of such refusal. A.2.c. Developmental and Cultural Sensitivity Counselors communicate information in ways that are both developmentally and culturally appropriate. Counselors use clear AAMFT Code of Ethics: Informed Consent The AAMFT Code of Ethics (2015) contains the following standard addressing the components informed consent: Standard. 1 Marriage and family therapists obtain appropriate informed consent to therapy or related procedures and use language that is reasonably understandable to clients. When persons, due to age or mental status, are legally incapable of giving informed consent, marriage and family therapists obtain informed Responsibility to Clients 1.2 Informed Consent.
(5) any intent of the licensee to use another individual to provide counseling treatment intervention to the client. (6) supervision of the licensee by another licensed health care professional including the name, address, contact information and qualifications of the supervisor. (7) the name, address, and telephone number of the Council for the purpose of reporting violations of the Act or this chapter; and (8) the established plan for the custody and control of the client’s mental health records in the event of the licensee’s death or incapacity, or the termination of the licensee’s counseling practice. (f) A licensee must inform the client in writing of any changes to the items in subsection (e) of this section, prior to initiating the change. (See Section (e) above) (g) Technological means of communication may be used to facilitate the therapeutic counseling process. and understandable language when discussing issues related to informed consent. When clients have difficulty understanding the language that counselors use, counselors provide necessary services (e.g., arranging for a qualified interpreter or translator) to ensure comprehension by clients. In collaboration with clients, counselors consider cultural implications of informed consent procedures and, where possible, counselors adjust their practices accordingly. A.2.d. Inability to Give Consent When counseling minors, incapacitated adults, or other persons unable to give voluntary consent, counselors seek the assent of clients to services and include them in decision making as appropriate. Counselors recognize the need to balance the ethical rights of clients to make choices, their capacity to give consent or assent to receive services, and parental or familial legal rights and responsibilities to protect these clients and make Counselors discuss the required limitations to confidentiality when working with clients who have been mandated for counseling services. Counselors also explain what type of information and with whom that information is shared prior to the beginning of counseling. The client may choose to refuse services. In this case, counselors will, to the best of their ability, discuss with the client the potential consequences of refusing counseling services. A.3. Clients Served by Others When counselors learn that their clients are in a professional relationship with other mental health professionals, they request release from clients to inform the other professionals and strive to establish positive and collaborative professional relationships. permission from a legally authorized person, if such substitute consent is legally permissible. The content of informed consent may vary depending upon the client and treatment plan; however, informed consent generally necessitates that the client: (a) has the capacity to consent; (b) has been adequately informed of significant information concerning treatment processes and procedures; (c) has been adequately informed of potential risks and benefits of treatments for which generally recognized standards do not yet exist; (d) has freely and without undue influence expressed consent; and (e) has provided consent that is appropriately documented. decisions on their behalf. A.2.e. Mandated Clients
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Book Code: PCTX1324
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